Activities of Judith SARGENTINI related to 2015/2095(INI)
Shadow reports (1)
REPORT on the situation in the Mediterranean and the need for a holistic EU approach to migration PDF (767 KB) DOC (344 KB)
Shadow opinions (1)
OPINION on the situation in the Mediterranean and the need for a holistic EU approach to migration
Amendments (101)
Amendment 1 #
Motion for a resolution
Citation -1 (new)
Citation -1 (new)
having regard to the Treaty on the Functioning of the European Union, in particular its Articles 78(2)(a) and 80;
Amendment 26 #
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates the complexity of the development-migration nexus, diverging from the common view of development as a means to reduce, if not eliminate, migration, without denying that development can help mitigate some of the causes of forced migration, such as conflicts or state fragility; recalls that emigration rises with economic development until countries reach an upper-middle-income country status (around USD 7000-8000 per capita), at which point it begins to decrease; is in this context highly worried by the numerous attempts by the Commission and Council to divert development aid appropriations for addressing migration issues which are not linked to development; recalls that support expenditures for refugees in donor countries may already be counted as official development aid even though these expenditures do not make a direct contribution to the economic development and welfare of developing countries;
Amendment 27 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the Convention on the Rights of the Child of 1989,
Amendment 29 #
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
- having regard to the International Convention on the Protection of the Rights of all migrant workers and members of their families of 1990,
Amendment 30 #
Motion for a resolution
Citation 4 c (new)
Citation 4 c (new)
- having regard to the European Union Guidelines on Human Rights Defenders 2008,
Amendment 33 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Member States and the Commission to increase the funding and means for humanitarian crisis responses inside and outside the European Union; underlines the fact that the humanitarian response to the refugee crisis should be part of a longer-term plan that includes humanitarian support for the countries neighbouring the refugees’ countries of origin, and measures to strengthen their early recovery and protection capacities, reinforce the role of UN agencies and improve the human rights and economic situation in the countries of origin and transit;
Amendment 40 #
Motion for a resolution
Citation 46 a (new)
Citation 46 a (new)
- having regard to the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders,
Amendment 47 #
Motion for a resolution
Citation 50 a (new)
Citation 50 a (new)
- having regard to the report by Médecins Sans Frontières entitled "Obstacle Course to Europe – A Policy-Made Humanitarian Crisis at EU Borders", published in January 2016,
Amendment 54 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Rejects plans to link development aid to more border controls or readmission agreements by third countries; considers such attempts to be contrary to fundamental aid effectiveness principles; calls on the Commission and the Member States to immediately suspend cooperation on preventing irregular migration and improving border controls with third countries such as Eritrea and Egypt, border controls that are actually turning back refugees;
Amendment 55 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Rejects the proposals from the Member States to set up asylum centres in third countries and to involve Northern African countries and Turkey in European search and rescue operations with the aim of intercepting refugees and bringing them back to African and Turkish soil; calls on the Commission, in this connection, to provide Parliament with an evaluation of the extent to which these proposals comply with international asylum law and of the practical and legal obstacles to their implementation; calls for the Khartoum process to be replaced by a process based on full respect for human rights and focused on improving living conditions so as to address the root causes of migration; urges the Commission and the Council to focus the Valletta Summit in November on the root causes of migration, such as poverty, inequality, injustice, climate change, corruption, ill-governance and armed conflict;
Amendment 56 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses that the EU should also offer persons who want to come to Europe legal avenues for entering and staying in the EU; points out that at present labour migrants have hardly any means of entering the EU legally other than applying for asylum;
Amendment 57 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas under the 1951 Geneva Convention people may seek asylum in a country other than their own, regardless of their country of origin, as long as they have a well-founded fear of being persecuted because of their race, religion, nationality, membership of a particular social group or political opinion;
Amendment 59 #
Motion for a resolution
Recital B
Recital B
B. whereas according to Frontex data5 , in the first eleven months of 2015, 1.55 million persons were detected while attempting to cross irregularlyattempted irregular crossings of the EU’s external borders were recorded, setting an unprecedented record compared to the 282 000 migrants who arrived in the EU in the course of the whole 2014; and whereas, according to IOM/UNICEF data, around 20 % of all migrants arriving by sea are children6 ; __________________ 5 Frontex news, http://frontex.europa.eu/news/number-of- migrants-arriving-in-greece-dropped-by- half-in-november-cITv3V. 6 IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf.
Amendment 72 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and the EU to fully respect the principle of Policy Coherence for Development (Article 208 of the Treaty on the Functioning of the European Union) in its migration and Mediterranean policies, and in particular in the implementation of its European Agenda on Migration; recalls that EU trade, fisheries and agriculture policies and the limited efforts to fight illicit capital flows from developing countries may have negative effects on the economic and social development of developing countries and thus contribute indirectly to instability and migration flows; notes that the concept of Mobility Partnerships was launched to improve regular migration with third countries and to create more coherence between EU migration and development policies but in reality functioned mainly as a European instrument to fight irregular migration flows towards EU territory; requests therefore the Commission to present an Action plan on policy coherence and give it the same attention than to the Action plan on return;
Amendment 110 #
Motion for a resolution
Recital H
Recital H
H. whereas the fight against migrant smuggling, trafficking and labour exploitation necessitates both short, medium and long-term responses, including measures to disrupt criminal networks and to bring criminals to justice, the gathering and analysis of data, measures to protect victims and to return irregularly staying migrants in respect of fundamental rights and the rule of law, in a humane and dignified manner, as well as cooperation with third countries and longer-term strategies to address the demand for trafficked and smuggled persons and the root causes of migration which force people into the hands of criminal smugglers;
Amendment 138 #
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas the lack of safe and regular routes for refugees to access the EU contributes to the reliance on criminal networks and smugglers as entering the EU in an irregular manner remains the only choice for these refugees; and whereas the lack of political action by the EU in applying existing tools more flexible in the benefit of refugees and creating new legal channels de facto strengthens those criminal networks;
Amendment 139 #
Motion for a resolution
Recital L b (new)
Recital L b (new)
L b. whereas research has shown that not only did European countries collectively fail to address the urgent humanitarian and medical needs of refugees and migrants arriving at external or internal EU borders, but the European Union's deterrence and anti-immigration policies – developed over the last 15 years and further strengthened in 2015 – have increased the demand for migrant smuggling networks and pushed people towards ever more dangerous routes which jeopardise their health and lives;
Amendment 164 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
P a. whereas the impact of climate change upon displacement is already significant, will increase in the future and will require a global coordinated response;
Amendment 198 #
Motion for a resolution
Recital U
Recital U
U. whereas the CEAS includes a set of common rules for a common asylum policy, a uniform asylum status and common asylum procedures valid throughout the Union; whereas, however, many alerts, including the infringement decisions adopted by the Commission, show that the CEAS has not been fully implemented in many Member States; whereas implementation is essential in order to harmonise national laws and promote solidarity among Member States, and whereas Member States can seek and offer supporting assistance from EASO to meet and go beyond the standards required by the CEAS; whereas harmonisation of reception conditions and asylum procedures can avoid stress on countries offering better conditions and are key to responsibility sharing;
Amendment 208 #
Motion for a resolution
Recital V
Recital V
V. whereas the current mechanisms of the Dublin system have failed to be objective, to establish fair criteria for allocating responsibility for applications for international protection and to provide swift and fair access to protection, as this was not the original intention of the Regulation; whereas the system is not being applied in practice, and explicit derogations have been adopted with two Council decisions on temporary relocation; and whereas the Commission has announced a proposal for a proper revision of the Dublin III Regulation by March 2016;
Amendment 235 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Starts from the premise that saving lives must be a first priority and that proper funding, at Union and Member State level, for search and rescue operations is essential; notes that there has been an increase in the number of irregular arrivals by sea and an alarming increase in the number of deaths at sea, and that a better European response is still required; commends the humanitarian response of civil society and volunteers to the dramatic increase in arrivals in 2015; calls upon the EU and Member States to support such action;
Amendment 254 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. SuggeInsists, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety, in line with human rights and non-refoulement obligations, and ensuring their access to international protection;
Amendment 269 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Insists on the fact that the establishment of safe and legal routes for asylum seekers to reach the EU is the only meaningful way of weakening human trafficking and criminal smuggling, since asylum seekers would not need to resort to irregular entry if they had the opportunity to reach the EU through such safe and legal routes;
Amendment 274 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a clear distinction to be made between those persons who are smuggled into the Union and those who are trafficked into the Union because, while the policy response must be properly integrated, they must also be properly targeted; states that, in general terms, the criminal smuggling of migrants involves facilitatingthe procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the irregular entry of a person into a Member Statestate of which the person is not a national or a permanent resident, whereas human trafficking involves the recruitment, transportation or reception of a person through the use of violent, deceptive or abusive means, for the purpose of exploitation;
Amendment 288 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Holds that any holistic approach to migration must necessarily contain measures aimed at disrupting the activities of criminal networks involved in the trafficking and smuggling of people, while protecting the victims of such criminal activity;
Amendment 301 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the positive role played by navy vessels in saving lives at sea and in disrupting criminal networks to date; supports the aimemphasises that all aspects of navy operations such as, including Operation Sophia, and stresses the need to protect life, emphasising that all aspects of the operations well as NATO activities, should ensure that migrant lives are protected;
Amendment 319 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspect of any holistic approach to migration and reiterates that Operation Sophia and any future NATO operation must not distract assets already deployed in the Mediterranean from saving lives at sea;
Amendment 339 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that full use should be made of existing instruments, such as the agencies’ risk analyses; observes that Union agencies should cooperate fully, but that they also need to step up cooperation with Member States; notes that better coordination of efforts should allow for the collection of relevant data at national level and its onward communication to the Agencies;
Amendment 372 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes the view that the establishment of urgent relocation measures is a move in the right direction, and calls onurges Member States to fully implement these decisions and fulfil their obligations with regard to those measures as soon as possible;
Amendment 405 #
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 425 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically to the greatest extent possible, be taken into account when carrying out relocation; recognisunderlines that this is one way of discouraging secondary movements and encouraging applicants themselvee consent of an asylum seeker to move to another Member State should always be required, as tno accept relocation decisions, but that it should not stop the relocation procesone should be relocated against their will; recognises that this is crucial for discouraging secondary movements;
Amendment 434 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Considers that, if a permanent relocation mechanism is to be established, such a permanent binding system should not exist solely to confront emergency situations, where there is a mass influx of asylum seekers and refugees for which there are already legislative provisions, but should be both permanent and binding, while remaining flexible so that it can be easily adjusted in the event of a rapid change of circumstances;
Amendment 451 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges Member States, in addition, to put in place private and community sponsorship programmes for resettlement, in cooperation with and building on best practices of Member States and local authorities;
Amendment 460 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that, given the unprecedented flows of migrants that have reached and continue to reach the Union’s external borders, and the steady increase in the number of people asking for international protection, the Union needs a binding and mandatory legislative approach to resettlement, as set out in the Commission’s agenda for migration; recommends that, to have an impact, such an approach must provide for resettlement of a meaningful number of refugees, with regard to the overall numbers of refugees seeking international protection int least 500.000 refugees per year in the EU, taking into account the global resettlement needs published annually by the UnionNHCR;
Amendment 484 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Points outInsists that humanitarian admission canshould be used as a complement to resettlement in order to give urgent protection, often on a temporary basis,access to residence on a temporary or permanent basis, or give urgent protection to the most vulnerable where needed, e.g. unaccompanied minors or refugees with disabilities;
Amendment 492 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines thatCalls upon all Member States, in so far as resettlement remains unavailable for third- country nationals, all Member States should be encouraged to establish and implement humanitarian admission programmes, in particular for medical evacuations for individuals with urgent medical needs and their families; and those in immediate danger, such as Human Rights Defenders;
Amendment 508 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Notes that the current Visa Code allows Member States to deviate from the normal admissibility criteria for a visa application "on humanitarian grounds" under Article 19; also notes that, under Article 25, a Member State should issue a visa with limited territorial validity when it considers it necessary "on humanitarian grounds, for reasons of national interest or because of international obligations"; regrets that, apart from those provisions, no specific procedure is foreseen in the Visa Code as it currently stands for lodging a request for a humanitarian visa;
Amendment 509 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Also asks for all other possibilities to be examined, including: academic or other scholarships, employment possibilities and other means to assist those at risk of persecution or harm;
Amendment 532 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Recalls the importance of identifying stateless persons in EU Member States in order to afford them the protections owing under international law; in this regard urges Member States to introduce dedicated statelessness determination procedures and share good practices amongst themselves including with regard to law and practice concerning the prevention of new cases of childhood statelessness, a challenge set to increase in light of recent increased flows;
Amendment 546 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced by Member States situated at the Union’s external borders; believes that the European Union needs to accept the on-going difficulties with the Dublin logic, and to develop options for solidarity both among its Member States and the migrants concernedcalls for a new system based on solidarity and responsibility sharing between Member States and which, crucially, takes asylum seekers preferences into account; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, p. 31).
Amendment 565 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recommends that the criteria on which the Relocation Decisions are based should be built directly into the Union’s standard rules for allocating responsibility; emphasises that, in reviewing the Dublin Regulation, it is important to reflect on the value of describing certain asylum seekers as ‘applicants in clear need of international protection’, since those migrants and refugees who do not fall into that category would still – at least under the current system – have to be dealt with by the Member State of first arrival;
Amendment 592 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points out that one option for a fundamental overhaul of the Dublin system would be to establish a central collection of applications at Union level – viewing each asylum seeker as someone seeking asylum in the Union as a whole and not in an individual Member State – and to establish a central system for the allocation of responsibility for any persons seeking asylum in the Union; suggests that such a system could provide for certain relative thresholds per Member State, above which no further allocation of responsibility could be made until all other Member States have met their own thresholds, which could conceivably help in deterring secondary movements, as all Member States would be fully involved in the centralised system and no longer have individual responsibility for allocation of applicants to other Member States; believes that such a system could function on the basis of a number of Union ‘hotspots’ from where Union distribution should take place; underlines that any new system for allocation of responsibility must incorporate the key concepts of family unity and the best interests of the child;
Amendment 601 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Further points out that the new system: (i) should be based on a fair allocation of asylum seekers across EU Member States, based on objective criteria and binding on all Member States, (ii) should be built around the existing ties and preferences of asylum seekers to a certain member state, (iii) should provide comprehensive information to asylum seekers about reception conditions and integration prospects in Member States as well as group allocation, (iv) should be an integrated system at EU level to improve harmonisation and implementation of EU asylum legislation, including substantial integration measures, (v) should ensure positive mutual recognition of asylum decisions so that beneficiaries of international protection can move between Member States one year following their recognition as refugees, under the same conditions and limitations as EU citizens, (vi) should develop the current European Asylum Support Office into a fully-fledged EU asylum agency tasked with ensuring the functioning of the preference based allocation system and the EU asylum system in general;
Amendment 619 #
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Points out that in the current system, beneficiaries of international protection are "trapped" in the Member State where they were granted asylum, irrespective of possible job offers or study prospects in another Member State; calls therefore for a mutual recognition of positive asylum decisions by all Member States and for the granting of the right to free movement inside the EU to all beneficiaries of international protection one year after the granting of protection, under the same conditions and limitations as EU citizens;
Amendment 620 #
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Calls on the Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents to be amended accordingly to reduce the period of time which a beneficiary of international protection must spend in the Member State which granted that international protection before benefitting from freedom of movement from five years down to one;
Amendment 636 #
Motion for a resolution
Paragraph 39
Paragraph 39
39. Believes that the asylum systems of some frontline Member States are already clearly overburdened and that the Temporary Protection Directive should – under its own logic – have been triggered; calls, in any case, for a clear definition of ‘'mass influx’' to be established upon revision of this dDirective together with an effective mechanism for the sharing of responsibility between Member States; understands that such a revision of the Temporary Protection Directive can form part of the review of the Dublin system;
Amendment 642 #
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer refugees and migrants support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 and the Common Basic Principles for Immigrant Integration Policy – this should also include effective access to democratic structures in society; emphasises that integration is a two-way process and that respect for the values upon which the EU is built must be an integral part of the integration process as must respect for the fundamental rights of those coming to the EU; believes that cooperation between hosting cities and cities of origin can make a positive contribution to refugees' integration and that as a result, the EU should support such links including awareness raising initiatives such as the Development education and awareness raising (DEAR) projects; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 653 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Calls on Member States to "adapt their national legislations in order to allow refugees and migrants to work since day one of their arrival in Europe", as the President of the European Commission Jean-Claude Juncker declared in his 2015 State of the Union Speech;
Amendment 654 #
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Notes, in addition, that Member States should have the facilities to provide assistance to people who are recognised as beneficiaries of international protection, inter alia help in understanding administrative procedures, enrolling in trainings and education programmes (including language courses), opening a bank account, and getting proper access to the labour market;
Amendment 689 #
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Notes with interest that academic studies of past national regularisation programmes have concluded that, if well designed and well implemented, they can have positive consequences on the employment rates of migrants who qualify for regularisation, as well as a positive impact on the employment rates and incomes of citizens;
Amendment 706 #
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Calls on Member States to generously interpret existing family reunification rules, and simplify administrative requirements under the spirit of the Family Reunification Directive, which foresees more favourable rules for refugees taking into account their specific vulnerability, and can be complemented with programmes to admit relatives of those already residing in an EU Member State;
Amendment 714 #
Motion for a resolution
Paragraph 46
Paragraph 46
46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swifter decisions on family reunification; , such as the introduction of language tests as a pre-condition for family reunification, to arrive at swifter decisions on family reunification; calls on Member States to remove discriminatory requirements and limitations on family reunification (e.g. age limitations, minimum income requirements above minimum wage), and consider broadening which family members are eligible, going beyond the notion of nuclear family; recalls that the UN definition of a child is a person under the age of 18; welcomes the European Commission guidelines on the application of the Family Reunification directive, published in April 2014; calls on Member States to follow these Guidelines in word and spirit;
Amendment 728 #
Motion for a resolution
Subheading 22 a (new)
Subheading 22 a (new)
On unaccompanied minors
Amendment 729 #
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Recognises and laments the impacts of the current crisis on children, and reiterates the right of every child to be treated as a child first and foremost without any discrimination; calls for the EU and member states to ensure that all migration and asylum policies and actions include appropriate child rights impact assessments, best interests of the child determination procedures and decision- making and corrective processes to ensure compliance with children's rights.
Amendment 730 #
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Calls on the European Commission to present a proposal for a Regulation on the Protection of Unaccompanied Minors;
Amendment 731 #
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Believes that age assessment should be carried out in a manner that is multi- disciplinary, safe and in respect of children's physical integrity and human dignity, with particular attention to girls, and should be performed by independent, qualified practitioners and experts;
Amendment 745 #
Motion for a resolution
Paragraph 48
Paragraph 48
48. Understands that the safe return of those people who, following an individual assessment of their asylum application, vulnerabilities and protection needs, are determined not to be eligible for protection in the Union, and notwithstanding legal and practical barriers to return, is something that must be carried out as part of the proper implementation of the CEASEU's immigration and asylum policy;
Amendment 753 #
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is a need to improve the effectivenessfunctioning of the Union’s return system;
Amendment 761 #
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. Points out the worrying high number of "non-removable returnees", i.e. irregular migrants in a return procedure who cannot be returned for varying reasons, ending up in a limbo situation; calls on Member States to regularise the situation of these non- removable returnees;
Amendment 779 #
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50 a. Reiterates that the use of detention for immigration purposes is restricted by international and EU law, and should thus be used as a measure of last resort, and that children should never be detained for immigration purposes; urges that safeguards in the Return Directive and guidance on their implementation included in the Return Handbook be fully implemented in the current context where returns are being politically prioritised;
Amendment 785 #
Motion for a resolution
Paragraph 51
Paragraph 51
51. SuggestReiterates that any attempt by Member States to ‘'push -back’' migrants who have not been given the opportunity to present asylum claims or whose vulnerability and protection needs have not been assessed through a proper individual assessment, runs contrary to Union and iInternational lLaw, and that; calls on the Commission shouldto take appropriate action against any Member State that attempts such ‘'push -backs’';
Amendment 795 #
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51 a. Recognises that the outcomes of asylum applications vary greatly between member States for nationals of the same country and welcomes the work done by EASO to provide country-of-origin information based on sound criteria and a range of sources and which takes account of the particular situation of potentially vulnerable groups;
Amendment 797 #
Motion for a resolution
Paragraph 52
Paragraph 52
52. AcknowledgNotes the recent Commission proposal for a Union list of safe countries of origin, amending the Asylum Procedures Directive13 ; observes that if such a Union list would become obligatory for Member States it could, in principle, be an important tool for facilitating the asylum process, including return; __________________ 13 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L180, 29.6.2013, p. 60).
Amendment 816 #
Motion for a resolution
Paragraph 53
Paragraph 53
53. RegretNotes the current situation in which, where Member States apply different lists, containing different safe countries, hampering uniform application and incentivising secondary movemen and some recognise that some countries on that list may not be safe for certain groups or from a gender perspective and that the majority of Member States do not use safe-country lists;
Amendment 824 #
Motion for a resolution
Paragraph 54
Paragraph 54
54. Underlines, in any event, that any list of safe countries of origin should not detract from the principle that every person must be allowed an appropriate individual examination of his or her application for international protection, vulnerability and other protection needs;
Amendment 829 #
Motion for a resolution
Paragraph 54 a (new)
Paragraph 54 a (new)
54 a. Is concerned at the possible impacts of the common EU list of safe countries of origin in terms of the use of accelerated procedures and the impacts of such procedures on the rights of the individuals concerned; expresses concerns at the political nature of the list proposed by the Commission, recalling that some of the Western Balkan countries are unsafe for minority groups and raises serious concerns at the inclusion of Turkey in the list;
Amendment 835 #
Motion for a resolution
Paragraph 55
Paragraph 55
55. Notes with concern that, in September 2015, the Commission was obliged to adopted 40 infringement decisions related to the implementation of the CEAS against 19 Member States, which was in addition to 34 cases already pending; reiterates that Parliament should be kept fully informed of proceedings launched by the Commission against Member States that have not implemented, or have not properly implemented, Union legislation in this area;
Amendment 838 #
Motion for a resolution
Paragraph 56
Paragraph 56
56. Re-emphasises how essential it is that, once Union legislation has been agreed upon and adopted, the Member States uphold their side of the bargain and implement that legislation; calls on the European Commission to act more quickly and strongly when launching infringement procedures;
Amendment 855 #
Motion for a resolution
Paragraph 59 a (new)
Paragraph 59 a (new)
59 a. Welcomes the engagement of wider civil society through the Consultative Forum and believes this co-operation should be strengthened;
Amendment 900 #
Motion for a resolution
Paragraph 65
Paragraph 65
65. Accepts that the Union needs to strengthenimprove its external border protectionmanagement and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons;
Amendment 910 #
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67 a. Recognises that all people are entitled to enjoy their human rights, without discrimination, including on the basis of residence status, nationality and religion; and in this context recalls the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders and Frontex Fundamental Rights Strategy, both of which outline measures to comply with fundamental rights for all migrants and reiterate that respect and promotion of fundamental rights are unconditional and integral components of effective integrated border management;
Amendment 916 #
Motion for a resolution
Paragraph 68
Paragraph 68
68. Emphasises again that, as for legislation specifically in the area of asylum and migration, in order for legislation on internal and external borders to be effective, it is essential that measures agreed at Union level are implemented properly by the Member States; underlines that better implementation of measures by Member States at the external borders are essential and will go some way into allaying the security fears caused by an influx of migrants;
Amendment 940 #
Motion for a resolution
Paragraph 72
Paragraph 72
72. Notes that both of the Relocation Decisions provide for operational support at the hotspots to be provided to Italy and Greece for the screening of migrants when they first arrive, registration of their application for international protection, provision of information to applicants on relocatioindividual assessment of their vulnerability or other protection needs, provision of information to applicants on relocation and other procedures, such as fingerprinting or forced return, organisation of return operations for those who did not apply for international protection and are not otherwise entitled to remain or those who applied unsuccessfully, and the facilitation of all steps involved in the relocation procedure itself;
Amendment 948 #
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls for the hotspots to be set up as soon as possible in order to give concrete operational assistance to those Member States and for Member States providing support in Hotspots to be doing so on a consistent and effective basis;
Amendment 958 #
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrivalssessment in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 969 #
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Calls on Member States to ensure that these hotspots are not, in effect, detention centres in disguise;
Amendment 970 #
Motion for a resolution
Paragraph 74 b (new)
Paragraph 74 b (new)
74b. Insists that civil society organisations should not be hindered in reporting on any breach of fundamental or procedural rights of migrants at the hotspots;
Amendment 982 #
Motion for a resolution
Paragraph 77
Paragraph 77
77. Notes that the Commission is considering a revision of Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence; takes the view that anyone who provides different forms of humanitarian assistance to those in need should not be criminalised and that Union law should reflect that principle, calls on the Commission to explicitly exempt the provision of humanitarian assistance from sanctions in the upcoming revision;
Amendment 989 #
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79a. Regrets the wide discretion left to Member States in Article 4 of the Carriers Sanctions directive (Council Directive 2001/51/EC) as regards the obligation to fine carriers in cases where a person seeks international protection; calls on Member States to apply more strictly Article 4 (2) of the Directive and systematically waive fines in asylum cases; asks the Commission to consider revising Council Directive 2001/51/EC;
Amendment 1015 #
Motion for a resolution
Paragraph 83
Paragraph 83
83. Points out that the Union and its Member States must be selective inensure that their support for third-countries’' law enforcement agencies taking into account the record of those agencies in breaching the humanis transparent, consistent with human rights obligations and includes full assessment regarding the impact of funds on the rights of all migrants in these countries as well as redress for violations;
Amendment 1022 #
Motion for a resolution
Paragraph 84
Paragraph 84
84. Recommends that cooperation with third countries involves assessing those countries’ asylum systems, their support for refugees, their treatment of nationals that return and their ability and willingness to tackle human trafficking and criminal smuggling into and through those countries while explicitly exempting the provision of humanitarian assistance from sanctions;
Amendment 1044 #
Motion for a resolution
Paragraph 86 a (new)
Paragraph 86 a (new)
86a. Draws attention to the ongoing need for the EU to address statelessness as part of its external relations policy, particularly given that statelessness is a major cause of forced displacement from countries outside the EU; recalls the commitment in the Council's EU Strategic Framework and Action Plan on Human Rights and Democracy, published in 2012, to "develop a joint framework between Commission and EEAS for raising issues of statelessness and arbitrary detention of migrants with third countries";
Amendment 1045 #
Motion for a resolution
Paragraph 86 b (new)
Paragraph 86 b (new)
86b. Underlines that the continued refusal of Member States to accede to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, which is a core international human rights convention, undermines the fundamental principle of indivisibility of human rights and diminishes the credibility of the EU when engaging with third countries on human rights issues, notably from the Southern Mediterranean region; calls on all Member States to urgently ratify this Convention;
Amendment 1059 #
Motion for a resolution
Paragraph 88 a (new)
Paragraph 88 a (new)
88a. Regrets that some politicians, including at EU level, publicly disseminate wrong information about migrants and asylum-seekers through the media, for example on the detention of asylum seekers during 18 months or the proportion of economic migrants among the total arrivals to the EU; insists that these public statements contribute to the stigmatisation of migrants and asylum seekers;
Amendment 1069 #
Motion for a resolution
Paragraph 89
Paragraph 89
89. Reaffirms that the Union must adopt a long-term strategy to help counteract the ‘push factors’ in third countries (persecution, conflict, generalised violence, climate change or extreme poverty), which force people into the hands of criminal smuggling networks, which they see as their only chance to reach the Union;
Amendment 1076 #
Motion for a resolution
Paragraph 89 a (new)
Paragraph 89 a (new)
89a. Expresses its concerns at the rising number of climate refugees; points out that since 2008, an average of 26.4 million people per year have been displaced from their homes by disasters brought on by natural hazards; considers that populations in least developed countries are more vulnerable to the effects of climate change, which can have effects on growing inequalities and social instability; calls for serious recognition of the issue of climate change as a root cause of displacement and potential migration, and the scope thereof;
Amendment 1088 #
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long -term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as – war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; pPoints out that this means that the Commission and the Member States must put up the money to help build capacity in third countries,; such as by facilitating investment and education,; strengthening and enforcing asylum systems, helping to manage borders better,; improving the human rights situation, promoting democratic governance, fighting against corruption and reinforcing legal and judicial systems there;
Amendment 1098 #
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92a. Recognises that migration is an integral part of development and that development by itself is not a substitute for migration; notes that remittances are an important contribution to the national economy of many countries
Amendment 1108 #
Motion for a resolution
Paragraph 94
Paragraph 94
94. Welcomes the recently established Emergency Trust Fund for Africa and the EUR 1.8 billion pledged to the fund, which has added an additional element to third- country funding; calls on the Member States to continue contributing to the fundstart contributing to the fund and honour the pledges made; calls upon the Member States not to use money for development purposes for measures aimed at preventing migration;
Amendment 1117 #
Motion for a resolution
Paragraph 95 a (new)
Paragraph 95 a (new)
95a. Notes that the specific funding for humanitarian crises made available by the European Commission Directorate- general for Humanitarian Aid and Civil Protection (DG ECHO) for NGOs to carry out essential activities such as saving lives and providing basic services to the people who are affected by it is only available outside the EU; calls on the European Commission to rectify the situation by urgently providing funding specifically allocated to meet people's humanitarian needs (shelter, food, water, clothes, etc.) and by making available unmarked emergency funds to NGOs who are doing this essential work to meet refugees' basic needs inside the EU;
Amendment 1118 #
Motion for a resolution
Paragraph 95 b (new)
Paragraph 95 b (new)
95b. Calls on the European Commission to make funds managed by DG Home Affairs, such as AMIF, available also to non-state actors to support the work on the ground carried out by NGOs;
Amendment 1121 #
Motion for a resolution
Paragraph 96
Paragraph 96
96. Notes that the Union’'s migration policy is implemented through different policy instruments, each having its own objectives, which are not necessarily interlinked, and that there is insufficient coordination of funding between the multiple actors involved; points out that the fragmentation of budget lines and responsibilities creates a management structure that could make it difficult to provide a comprehensive overview on how the different funds available are allocated and ultimately used, to ensure funds are used to promote a comprehensive and rights-based approach to migration and accountability if funds are used inappropriately or to violate migrants' rights; points out, furthermore, that such fragmentation makes it harder to quantify how much the Union spends overall on migration policy;
Amendment 1128 #
Motion for a resolution
Paragraph 97 a (new)
Paragraph 97 a (new)
97a. Notes, with regret, that most Member States have not shared their multi annual draft programmes with civil society organisations during their preparation despite the requirement in Article 12(3) of AMIF;
Amendment 1147 #
Motion for a resolution
Paragraph 103
Paragraph 103
103. Reiterates that civil society involvement in the development of Union actions and national programmes must be ensured, in line with the partnership principle as laid down in AMIF; suggests that, in accordance with Article 4 of AMIF, the partnership principle for civil society organisations, including those representing migrants themselves at both national and Union level should be enhanced, securing their involvement in preparation, planning, monitoring, implementing and evaluating funding; proposes that, at Union level, thought could be given to regular consultation between the Commission and relevant civil society organisations working on migration, asylum and integration issues;
Amendment 1171 #
Motion for a resolution
Paragraph 106 a (new)
Paragraph 106 a (new)
106a. Recalls that the ageing of society in Europe calls for decisive action to be taken in the field of labour migration; calls on Member States to recognise their real labour needs for all skills, including for low-wage work;
Amendment 1172 #
Motion for a resolution
Paragraph 106 b (new)
Paragraph 106 b (new)
106b. Calls on the European Commission and the Member States to create regular channels for labour migration and offer incentives to migrants to use these channels as this will respond to the economic and social needs of Europe;
Amendment 1185 #
Motion for a resolution
Paragraph 110
Paragraph 110
110. Notes that the existing EU legislative framework regulating the access of third- country nationals to work in the Union is rather fragmented, as it focuses on specific categories of workers rather than on regulating, generally, all migrant workers and does not match real labour market needs in the EU, in particular in key sectors;
Amendment 1199 #
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111a. Highlights the importance of migrants being able to change migration status whilst in the EU and the importance of good administration to avoid people falling into irregularity;
Amendment 1222 #
Motion for a resolution
Paragraph 115 a (new)
Paragraph 115 a (new)
115a. Recalls that the difficulties that irregular migrants may face in having access to justice and enforcing their rights may be counterproductive to the fight against illegal employment; notes the key role that trade union membership can place in providing representation and protection;
Amendment 1223 #
Motion for a resolution
Paragraph 115 b (new)
Paragraph 115 b (new)
115b. Stresses the importance of sound preparation before migration and for national diplomatic bodies to provide support channels for migrants;
Amendment 1246 #
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121a. Calls on the European Commission to propose new initiatives to attract lower- skilled workers in the EU, building up on the Seasonal Workers Directive, in order to provide for clearer, simpler admission rules which should result in fewer people working irregularly in low-skilled jobs;